Birth injury litigation comes about when a baby suffers an injury either before birth or during the birthing process because of careless, negligent, or intentional acts on the part of a doctor, nurse, healthcare provider, hospital, or other medical staff or facility. When actions of this nature injure a baby, but do not constitute a criminal act, they are referred to as a “tort”, and these civil wrongs can form the basis for a lawsuit.
When a court determines that a person is legally responsible for causing injury to another they are held liable for that injury, at which point they can be made to pay compensatory damages to the person who was injured. Compensatory damages are restitution that is intended to leave a person in the position that they would have been in had not the injury occurred; they compensate a person for their losses. In cases such as birth injury litigation that involve young children this restitution can be substantial, including past medical expenses, money to cover medical care that will be needed in the future, disability, disfigurement, pain and suffering, and money to provide restitution for loss of a normal life, and the loss of future potential earnings. Determining the figures that will fairly compensate for damages such as these is always difficult, but when a case involves babies and small children the number of factors to be taken into account and the economic calculations (such as inflation) make it vitally important for a parent to seek the counsel of an attorney or law firm with experience in this specific kind of litigation.
The Louisville birth injury attorneys at David Bryant Law have experience handling all types of birth injury lawsuits, having helped clients across Kentucky with matters involving: